SC acquits father accused of sexually assaulting daughter after 12 years

ISLAMABAD: The Supreme Court of Pakistan acquitted a man who had been imprisoned for 12 years on charges of sexually assaulting his daughter, overturning the life sentence awarded by a trial court and later upheld by the Lahore High Court, ARY News reported.

According to reports, the apex court ordered that the accused be released immediately if he is not required in any other case. The judgment was issued in a 10-page written decision authored by Justice Ali Baqar Najafi. A three-member bench headed by Justice Hashim Kakar heard the case.

The Supreme Court of Pakistan noted that the statement of the alleged victim was unreliable as no test of mental maturity was conducted during the recording of her testimony. According to the ruling, under the Qanun-e-Shahadat (Law of Evidence), a child’s testimony is only admissible if the judge is satisfied with the child’s level of understanding.

The judgment highlighted contradictions in the victim’s statements, including unclear details about the date and time of the alleged incident. It also pointed out inconsistencies in the medical testimony, as the doctor initially confirmed signs of assault but later denied it during cross-examination.

The Supreme Court of Pakistan further observed that the complainant (the mother) and the maternal uncle were not eyewitnesses, terming them hearsay witnesses. The judgment also mentioned that a property and domestic dispute within the family was on record as a possible motive for false accusations.

The case dates back to 2010, when the accused’s daughter,  then aged around six or seven, accused him of sexual assault. The trial court sentenced the man to life imprisonment along with a fine of Rs35,000, and the Lahore High Court upheld the verdict in 2013.

The convict subsequently filed an appeal with the Supreme Court of Pakistan, which acquitted him due to lack of credible evidence.

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